Documenting Your Vote (2008)

PLEASE NOTE: This page includes information current as of the November 2008 national elections; we are maintaining this page for archival purposes. Our guide for the November 2012 national elections is here.

In order to protect voters from interference and intimidation, state governments have enacted a complex array of election laws that regulate what activities are permitted at polling places on Election Day. These laws impact your ability to shoot video or take photographs at a polling place, even if your purpose is just to document your own voting experience. In the vast majority of states, these laws make a distinction between what you can do inside a polling place and what you can do outside a polling place. The laws are more restrictive when it comes to activities inside and within certain buffer zones around the entrance, which are typically 100 feet from the entrance or interior voting area. Outside of the polling place and these buffer zones, your ability to document your voting experience is much freer.

Because there is no single, national law regulating polling place activities, it is difficult to generalize about what you can and cannot do on Election Day.  You must consult your state's law in order to make sure that your proposed activities are legal.  Nevertheless, the following four general guidelines can help you stay within the law while documenting your vote.

Guidelines for Avoiding Legal Trouble 

1. Follow the Rules

If you want to take photographs or shoot video inside your polling place, you must be cautious to avoid violating the law.  Election laws are serious business – you could be removed from the polling place and even subject to criminal penalties. Some states like Florida, Georgia, Kentucky, Michigan, Nevada, North Carolina, Texas and West Virginia expressly prohibit the use of photographic and recording equipment inside polling places.  In these states, you should respect the law and refrain from doing any recording or photographing inside.  In other states, the election laws are not clear regarding the use of personal photographic and video equipment. 

At the bottom of this page we've created a chart summarizing the law and on our State Law: Documenting Your Vote page you will find additional information and links to resources to help you determine where your state falls on this issue.  If are unsure as to what is permitted, contact your local election officials or ask a poll worker.

2. Be Discreet

Even if you are permitted to take photographs or video inside, you should be discreet and sensitive to the concerns of poll workers and other voters.  The smaller your equipment is, the better.  You are more likely to get permission, and less likely to intimidate other voters, if you use a cell phone camera, rather than a bulky on-the-shoulder video camera or a fancy SLR with a huge telephoto lens.  It will also help if you stick to documenting your own experience rather than documenting the activities of others.  In addition, don’t linger inside the polling place after you’ve cast your vote.  Do your civic duty and then proceed out of the building in an orderly fashion.

3. Don’t Interfere With Voters or Disrupt the Process

Keep in mind that all states prohibit activities that interfere with the voting process or intimidate voters, and poll workers and other voters might see your photographing or videotaping as disruptive or intimidating.  You should never photograph or film someone else’s ballot or get too close to other voters with your camera. If a voter objects, stop filming that person immediately. Don’t try to interview other voters inside the polling place and avoid any appearance of trying to solicit or influence someone else’s vote. Leave your buttons, stickers, hats, and other party paraphernalia at home.

4. Respect the Buffer Zone Outside

You can do more outside of polling places.  Still, there are some things to keep in mind.  Many states have restricted buffer zones, typically 100 feet outside the entrance to the polling place. In these zones, you generally can’t loiter, interfere with voters, block the entrance, or engage in any campaigning activity.  Although many state laws do not specifically mention filming in these zones, it’s probably safer to shoot outside of the buffer zone, unless you’ve confirmed that your state law allows it. 

These buffer zones may be marked off with signs or a chalk line.  Or you may be able to determine where the line is by looking for where other people are engaging in electioneering activity freely, or where members of the traditional media or exit pollsters are set up.

Outside the buffer zone, you can film freely, use a larger camera, and interview voters.  You should still be courteous to others and make every effort not to interfere with anyone’s ability to get to the polls. When interviewing a voter, first get the voter's permission.  If possible, get written permission or record verbal permission on video. Explain to the voter what you intend to do with the video (such as uploading it to the Internet) and get their permission to use their name and likeness for that purpose.

To help you better understand these guidelines, we've created this short video:

State Resources

For specific resources for your state, including a list of election laws, websites, and contact information for election officials in all 50 states and the District of Columbia, see our State Law: Documenting Your Vote page or select one of the links below to go directly to that state's relevant information. (Note: this chart is a work-in-progress.  If you have additional information on this topic, please contact us.)

State State Law Expressly Prohibits All Recording Inside Polling Place State Law Doesn't Expressly Prohibit All Recording Inside Polling Place
* see below
State Officials Take Position Recording Prohibited Inside Polling Place Public Display of Own Marked Ballot Prohibited
** see below
Alabama      
Alaska    
Arizona    
Arkansas    
California    
Colorado    
Connecticut    
Delaware    
District of Columbia    
Florida    
Georgia    
Hawaii    
Idaho    
Illinois    
Indiana    
Iowa    
Kansas    
Kentucky    
Louisiana    
Maine    
Maryland    
Massachusetts    
Michigan    
Minnesota    
Mississippi    
Missouri    
Montana    
Nebraska    
Nevada    
New Hampshire    
New Jersey    
New Mexico    
New York    
North Carolina    
North Dakota      
Ohio    
Oklahoma      
Oregon    
Pennsylvania      
Rhode Island      
South Carolina    
South Dakota    
Tennessee      
Texas    
Utah    
Vermont      
Virginia    
Washington    
West Virginia    
Wisconsin    
Wyoming      

* Nearly all states prohibit conduct that intimidates voters, interferes with their exercise of the right to vote, or disrupts the voting process. Election officials may take the view that photography or videography runs afoul of these laws.

** "Public display of own marked ballot" refers to the practice of photographing or filming one's own vote at the time of voting and afterwards displaying the image on a publicly accessible platform like the Internet. Streaming live video of your own marked ballot may create legal problems in additional states. "?" means the law is unclear. Keep in mind that states have these laws to prevent vote buying and coercion, so you should be cautious of publicly posting your ballot.

 

Last updated on November 4th, 2008

   
 
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